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1. Anderson - Estate of Paul Anderson (2013) 2013 Chief Judge's MB 783 (2013 CJ 783) [pdf, 167 KB]

   ...letter dated 1 August 2009 and received by us on 6 August 2009, detailing how the Applicant (Anna Anderson) has been adversely affected by the Order; b. A certified copy of the deceased’s will dated 24 August 1999, the applicable section being clause 9 – I GIVE all my estate to my trustees upon trust (a) ... (b) To divide the residue (“my residuary estate”) equally between such of my children SHONA GRIMMING, HADEN ANDERSON, TAKAWAI ANDERSON, TAUTE HIRIWINI ANDERSON, C...

2. Lee v Accident Compensation Corporation (Work Related Gradual Process Injury) [2023] NZACC 176 [pdf, 352 KB]

   ...Ms F Becroft for the Respondent Judgment: 26 October 2023 _____________________________________________________________________ RESERVED JUDGMENT OF JUDGE C J MCGUIRE [Work Related Gradual Process Injury s 30(3), Schedule 2 Clause 35 Accident Compensation Act 2001] _____________________________________________________________________ [1] At issue is a decision by the Accident Compensation Corporation dated 6 December 2021 declining cover for a work related gradual pro...

3. [2008] NZEmpC AC 5/08 Skinner & Anor v Stayinfront Inc & Ors [pdf, 33 KB]

   ...out may raise a difficult question of law requiring extensive argument does not exclude the jurisdiction. The amended statements of claim [18] In Ms Skinner’s claim she pleads that she was sexually harassed and constructively dismissed (clause 36); that her resignation from her employment and associated agreements were/are tainted by the constructive dismissal as the result of overbearing behaviour by the defendant and the lack of proper procedure. The release and discharge...

4. Wetzell v CAC 10032 & Vicar [2011] NZREADT 8 [pdf, 97 KB]

   ...appellant relied on the decision of the High Court in Nightingale v Barfoot & Thompson Ltd 4 for the proposition that a vendor/client is contractually bound to pay commission pursuant to a listing agreement irrespective of whether the commission clause was specifically drawn to the vendor/client’s attention. [33] That case involved an allegation by a vendor that Barfoot & Thompson was unable to rely on its agency appointment contained in a clause in the general terms of...

5. [2019] NZEmpC 80 Postal Workers Union of Aotearoa Inc v New Zealand Post Ltd [pdf, 240 KB]

   ...dispute. The Authority determined (with the parties’ agreement) that the two matters should be heard together because of the overlap in the subject matter and the commonality of the clauses in the collective agreement that were in issue. [5] The overtime dispute concerns the interpretation of the delivery agent overtime provision in the 2017-2020 collective agreement between NZ Post and the Postal Workers Union as it applies to payment for overtime. The availability dispute wa...

6. LCRO 117/2022 VN v SC (16 May 2024) [pdf, 216 KB]

   ...the funds were released. I have attached the email from you which contains the signed agreement and also the two emails between us where the schedule was referenced. Also below is a brief schedule of work undertaken by our client. … We note clause 17 of the contract doesn’t require the parties’ agreement as to the work – the duty on [Company A] is to return any money in excess of the remediation work performed. We are keen to have this resolved quickly and appreciate we can...

7. Electoral (Integrity) Amendment Bill - 16 Nov 2017 Cabinet minute [pdf, 130 KB]

   ...proportionality of party representation in Parliament as determined by electors, and to enhance public confidence in the integrity of the electoral system; 4 noted that the 2001 Act was successfully applied by the Supreme Court in Awatere Huata v Prebble [2005] to declare vacant the seat of a member who had departed from her party; 5 noted that the 2001 Act contained a termination clause and expired in 2005; 6 agreed that a new Electoral (Integrity) Amendment Bill (the Bill) should be dev...

8. Wiringi - Succession to Ngahuiatapu Rogers [2024] Chief Judge's MB 144 (2024 CJ 144) [pdf, 238 KB]

   ...mistakenly received the shares solely. It was the true intention that all my siblings would receive their entitlement. A request was also made at the time of the 2004 application for the Whānau Trust Order to be altered to include the following clause: ‘The land interests held in the Ngahuiatapu Margaret Rogers Whanau Trust are to be vested in the following persons equally should the Trust ever terminate: Mabel Hihiwa Ngamata, Bill Wiri Rogers, Helen Herena Pora, Rangiwaahipu...

9. [2017] NZEnvC 032 South Epsom Planning Group Incorporated v Auckland Council [pdf, 32 MB]

   ...Management Act 1991 of appeals pursuant to clause 14 of the First Schedule to the Act SOUTH EPSOM PLANNING GROUP INCORPORATED AND THREE KINGS UNITED GROUP INCORPORATED (ENV-2016-AKL-01 ) NGATI TE ATA WAIOHUA AND NGATI TAMAOHO TRUST (ENV-2015-AKL -158) Appellants AUCKLAND COUNCIL Respondent FLETCHER RESIDENTIAL LIMITED Applicant Environment Judge JA Smith Environment Judge BP Dwyer Environment Commissioner ACE Leijnen Environment Commissioner WR Howie On the paper...

10. BORA Copyright (Artist’s Resale Right) Amendment Bill [pdf, 302 KB]

    ...will manage the resale right by: • creating a liability for payment of the royalty under the Bill; • empowering a private copyright collection agency to collect the royalty; and, • creating a right to information concerning the resale. 5. The liability for payment is joint and several between the seller and one of the following, as appropriate: the agent of the seller; if the seller does not have an agent, the agent of the buyer; or if there are no agents, the buyer. CONSISTEN...